Restitution and Relationships

15 Pages Posted: 8 Aug 2011  

Hanoch Dagan

Tel Aviv University - Buchmann Faculty of Law

Date Written: July 28, 2011

Abstract

This Essay examines how restitutionary doctrines protect the integrity of certain types of relationships by providing guarantees against betrayal of trust and by making free-riding a losing proposition. It also considers contexts wherein restitution serves to recruit third parties, meaning parties external to the relationship the law seeks to safeguard, as indirect guardians.

More broadly, this Essay challenges the schism between autonomy-based and utility-based accounts of restitution or of private law more generally, and explains how a pluralist theory may help to address this flaw.

Suggested Citation

Dagan, Hanoch, Restitution and Relationships (July 28, 2011). Boston University Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1906659 or http://dx.doi.org/10.2139/ssrn.1906659

Hanoch Dagan (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel
+972 3 640 7302 (Phone)

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